PSC 101 Tuman Week 4 Lecture Notes
PSC 101 Tuman Week 4 Lecture Notes PSC 101
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This 3 page Class Notes was uploaded by Stephanie Smith on Tuesday August 16, 2016. The Class Notes belongs to PSC 101 at University of Nevada - Las Vegas taught by John Tuman in Fall 2016. Since its upload, it has received 5 views. For similar materials see Intro American Politics in Politica science at University of Nevada - Las Vegas.
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Date Created: 08/16/16
Wk 4 Monday I. The Supreme Court A. Models of Constitutional Interpretation 1. Originalism - you should try to ﬁgure out the original meaning of the constitution as intended by the framers (the federalist society) a) All about intent of the framers b) the Constitution does not need to change / evolve with society c) lends itself to a more conservative interpretation of the Constitution 2. Strict Constructionism a) conservative b) “The constitution is plain to understand; easy” If it’s in there, it’s in there —> you’d end up questioning that we have “implied rights” eg privacy rights. We only have expressed rights. 3. Judicial Restraint a) moderate / centrist b) situating courts within the context of broader c) judicial branch is unelected and should be restrained by what the elected branches (i.e. legislative) is doing d) Need to be extremely careful when it comes to overriding the President, Congress, or state governments (i.e. elected government ofﬁces) 4. Judicial activism a) liberal b) Couts are the only branch of gov that can provide relief to people that need relief ie poor people and minorities —> courts have to do politically unpopular things to protect the rights of minorities c) should adapt to how society has changed over time d) eg elastic reading of “commerce clause” that outlawed hotels from discriminating on the basis of race Wk 4 Tuesday I. Conventional Political Participation A. History of the Electoral Franchise 1. Property Requirements a) Examples 2. Women a) Construction of gender roles, inﬂuence on debate over women’s voting rights (public, private spheres). - women should be conﬁned to the “private” sphere, men belong in the public sphere which is gov and the marketplace b) 1848 Seneca Falls Convention (Elizabeth Cady Stanton, Lucretia Mott, and others) c) Post-1868: Attempt to apply 14th Amendment (1868) and 15th Amendment (1870) to women - fails d) Minor changes - late 19th century women could vote in some local elections (Colorado, Idaho, Utah, Wyoming) e) 1920 19th Amendment ratiﬁed, giving women the vote 3. African Americans - (could be an essay on the ﬁnal about this) a) 15th Amendment granted African American men right to vote. b) Post-Reconstruction, 1877-1920, Southern states engage in widespread practices designed to deny the right to vote c) Poll taxes, literacy test, intimidation, coercion. (See data from Piven & Cloward book) (1) Turnout rates for african americans are initially high (2) As the above practices become more institutionalized, turnout decreased (a) Either poll taxes or literacy taxes depressed turnout, but the effect was stingiest in areas that did both d) 1937 Breedlove vs Suttles, S. Court upholds Georgia’s poll tax e) 1940 Only 3% of eligible African Americans in South are registered to vote f) 1944 Smith v Allwright declares as unconstitutional practice of excluding African American from primary elections (on grounds that parties are not private). g) 1963 24th Amendment eliminates poll taxes h) 1965 Voting Rights Act forbids discriminatory literacy tests and other barriers to voter registration; empowers Justice Department to monitor, enforce voting rights. - right now we don’t have pre clearance - at large districts (1) Closing DMV ofﬁces (2) Closing polling stations (3) Voter ID laws (dumb because we don’t have a voter fraud problem) (4) Shorten period of early voting (5) shortening hours election day 4. Other Minority Groups a) Native Americans: Although Indian Citizenship Act passed in 1924 declared non- citizen Native Americans born in the US as a citizens and granted right to vote, many states barred them until 1948. b) Asians: excluded from citizenship based upon racial categorization, and denied voting rights (see examples) c) Latinos: In Texas and Southwest, local ofﬁcials employed widespread intimidation to prevent voting. Jones Act (1917) gave Puerto Ricans opportunity to become citizens and migrate to the US, but voting levels climbed very slowly. Voting Rights Act improved situation, although many lawsuits ﬁled in Arizona and New Mexico in 1970s. Amendments in 1975 to Voting Rights Act allows assistance to individuals whose ﬁrst language not English. II. Voting A. SES 1. Education 2. Income a) (education and income are highly associated with eachother) b) It’s possible that education is just a proxy for an income effect Wk 4 Thursday I. Case Studies in Public Policy: Temporary Assistance to Needy Families (TANF) A. Overview 1. Comparing means-tested programs with entitlement programs a) Eligibility and contributions (1) Means-tested: TANF, Supplemental Nutrition Assistance Program (2) Entitlement: Social Security, Unemployment Insurance - ear marked tax (you pay in, you get out), social insurance (3) American politics - meritocracy, voluntarism b) Political legitimation of menas-tested vs. entitlements 2. 1996 Welfare Reform (Personal Responsibility and Work Opportunity Act) a) Assumptions made by reformers b) Long-term dependency among AFDC (Aid to Families with Dependent Children, 1935) recipients c) Intergenerational transmission of dependency d) Impact of AFDC on out-of-wedlock births and female-headed households 3. Welfare Reform: Replacing AFDC with TANF a) Time limits for eligibility (1) 5 years (60 months) for all recipients, regardless of entry and exit from the program (after 1996). Hardship exemptions may be requested at that point; at discretion of states, and rarely granted. (2) Legal immigrants, including legal permanent residents, are barred unless they have been in the country for ﬁve years or longer (refugees with asylum may get waivers). b) Work requirements for Adults who are not disabled (1) Adults without disabilities are required to be working within 24 months of receiving beneﬁts; states can and do impose a work requirement prior to 24 months. (2) Requirements for states: (a) 50% of the eligible caseload must be working (or in a work activity) 30 hours per week (20 hours per week for a single parent with young children). The rate increases to 90% for the share of the caseload with 2- parent households. (b) In some cases, training and education classes may be used to meet eligibility. c) Block grant to states (where the fed gov provides a certain amount of money to states and states have to contribute a certain amount) (1) Since 1996, the amount provided by the Federal government to states has been ﬁxed at 16.5 billion. Due to inﬂation, this represents a reduction of about 33% (constant 2010 US$) (2) States were required to maintain 80% o their AFDC spending (at 1994 level) to qualify; in some cases this would be reduced to 75% of their AFDC spending (at 1994 level) - for example, if a state imposed a more restricted work requirement. (3) In constant dollars, the amount the states spend is now less than half o their 1994 spending on AFDC. d) Income thresholds vary by state (1) In 2012, for example, for a family single parent with 2 children, the maximum varied from: (a) Alabama: $268 (16.8% of federal poverty level) (b) California $1,258 (79.1% of federal poverty level) (c) Nevada $1,447 (91% of federal poverty level) (d) Texas $401 (25.2 of federal poverty level) (2) Many states count and limit asset ownership against eligibility
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